Context:
Recently, The Central Government has extended the Armed Forces (Special Powers) Act (AFSPA), 1958 in specified areas of Manipur, Nagaland and Arunachal Pradesh for another six months from 1 October 2026, unless withdrawn earlier. The decision follows a review of the law-and-order situation in these States.
What is AFSPA?
The AFSPA, 1958 is a special security legislation that empowers armed forces to undertake certain operations in areas declared as “disturbed areas”. It is intended to assist security forces in dealing with insurgency, armed violence and serious threats to public order.
Current Status:
Currently, AFSPA act is applicable only in the three states that include Arunachal Pradesh, Nagaland and Manipur.
Manipur
- AFSPA has been extended across the State.
- However, areas under the jurisdiction of 13 police stations in five districts have been excluded from the disturbed-area notification.
- This indicates a geographically differentiated approach based on the security situation.
Nagaland
AFSPA has been extended in nine districts:
- Dimapur
- Niuland
- Chümoukedima
- Mon
- Kiphire
- Noklak
- Phek
- Peren
- Meluri
Arunachal Pradesh
- AFSPA has also been extended in specified areas of the State.
Key Provisions of AFSPA
1. Declaration of Disturbed Area
Under Section 3, specified areas can be declared “disturbed” when the prevailing circumstances make the use of extraordinary security powers necessary.
2. Power to Use Force
Authorised personnel can use force, including lethal force in specified circumstances, subject to the safeguards prescribed under the Act.
3. Arrest and Search
Security personnel have powers to arrest without warrant in specified circumstances and conduct searches without a warrant.
4. Destruction of Structures
Certain structures, hideouts or fortified positions used by armed groups may be destroyed under the Act.
5. Legal Protection
Legal proceedings against personnel for actions undertaken under the Act require prior sanction of the Central Government.
6. Handover of Arrested Persons
Persons arrested under AFSPA must be handed over to the nearest police station with the least possible delay.
Concerns and Criticism:
AFSPA remains controversial because of concerns regarding:
- Human-rights violations and excessive use of force
- Limited accountability arising from the requirement of prior sanction
- Possible erosion of public trust in security institutions
- Prolonged dependence on extraordinary security legislation
At the same time, supporters argue that AFSPA provides security forces with the operational flexibility necessary to tackle insurgency and armed groups in disturbed regions.
Constitutional and Judicial Perspective:
AFSPA must be examined in the context of Articles 14, 19 and 21 of the Constitution. In Naga People's Movement of Human Rights v. Union of India (1997), the Supreme Court upheld the constitutional validity of AFSPA while emphasising safeguards governing its exercise.
Way Forward:
A balanced approach should combine national security with constitutional rights through periodic review of disturbed-area notifications, stronger civilian policing, accountability mechanisms, dialogue with local stakeholders and phased withdrawal of AFSPA wherever normal law-and-order mechanisms become adequate.
Conclusion:
The extension of AFSPA highlights the continuing challenge of maintaining security while protecting civil liberties. Its application should therefore remain area-specific, periodically reviewed and accompanied by strong accountability and peace-building measures.
